Wilborn v. Elliott

Deen, Chief Judge.

1. To sustain an action for malicious prosecution, the burden is on the plaintiff to prove that the prosecution was for a criminal offense, under a valid warrant, that it was instituted maliciously and without probable cause, that it terminated in favor of the plaintiff, and that the latter was damaged. Ellis v. Knowles, 90 Ga. App. 40 (81 SE2d 884) (1954).

2. "Malice sufficient to sustain a recovery may be inferred from want of probable cause, but the want of such cause may never be inferred from malice ... It is perfectly consistent that one who really had no desire to…